Wana the Bear v. Community Construction, Inc.
California Court of Appeal
180 Cal. Rptr. 423 (Ct. App. 1982)
Relevant factsFree
Wana the Bear (plaintiff), a descendant of the Miwok tribe, sued to enjoin Community Construction (defendant) from excavating a Miwok burial ground to build a residential development, but the burial ground was no longer being actively used as such by the time the relevant cemetery-protection statutes took effect; the trial court denied the requested injunction, and Wana the Bear appealed.
IssueFree
Whether a Native American burial ground is entitled to protection as a public cemetery based on its prior status as a burial ground.
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